Author Topic: Appeal refused to DLA upper tribunal  (Read 1660 times)

lew247

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Appeal refused to DLA upper tribunal
« on: February 21, 2013, 06:44:20 PM »
I've had my appeal to the upper tribunal refused
My "advocate" for want of a worse word says I can't take this any furthe
I asked her what "setting aside was" and she didn't even bother answering other than saying there were no grounds

If I got it right does this mean it goes back to the tribunal stage?


on the refusal letter it states one of the reasons for setting aside was "My advocate wasnt able to attend" (or words to that effect)

As she wasn't there with me (she don't work fridays)  Can I use this to ask for it to be set aside?
I was asked if I wanted to go ahead without her at the time but seeing all the appeals here seem to be on a Friday its unlikely she'd ever go
My best hope is IF I could get it set back to the tribunal stage and get someone who will actually speak on my behalf, she has done nothing since I got her.

Btw the reason I'm so annoyed is because the tribunal agreed I couldn't walk more than around 40-50M but refused to give me the benefit and ignored some other sections.

Monic1511

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Re: Appeal refused to DLA upper tribunal
« Reply #1 on: February 21, 2013, 07:25:12 PM »
Hi Lew

If the Commissioner has refused permission then there is no further action available.
After a tribunal you can ask for a statement of reason,
you can apply to the commissioner to set aside the decision if you can highlight an "error in law".
The commissioner has to agree that the original tribunal made an "error in law"
If the Commisioner had agreed he would have directed that the original decision be "set aside" and ordered another tribunal to hear the appeal.   This wouldn't mean that the appeal would be successful, just that there was an "error in law" in the first tribunal - it could be as simple as a proceedural error.

If you have been refused permission to go to the upper tribunal there is nothing else you can do.

I can't remember which benefit this related to but donn't immediately reapply unless you can provide medical evidence of "significant detioration"

hope that helps
Monic

davewhit

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Re: Appeal refused to DLA upper tribunal
« Reply #2 on: February 22, 2013, 09:19:27 PM »
At this stage I would start again  others have re apply for DLA